The Ministry of Education, Science and Technology derives its mandate from the Constitution of Kenya, Chapter Four Articles 43, 53, 54, 55, 56, 57, and 59 have provisions on children’s right to free and compulsory basic education, including quality services, and to access education institutions and facilities for persons with disabilities that are integrated into society, to the extent compatible with the interests of the person. This includes the use of Sign language, Braille or other appropriate means of communication, and access to materials and devices to overcome constraints arising from the person’s disability. There are also provisions on access for youth to relevant education and training; access to employment; participation and representation of minorities and marginalized groups in governance and other spheres of life, special opportunities in educational and economic fields, and special opportunities for access to employment. The rights of minorities and marginalized groups to reasonable access to water, health services and infrastructure are also enshrined, as it is incumbent upon government to develop a culture of human rights, promote gender equality and equity and facilitate gender mainstreaming in national development.
The functions of Educational and training are shared between the national and county governments as contained in Schedule 4 of the Constitution. The functions of the National Government are: education policy, standards, curriculum, examinations, granting of university charters, universities, tertiary educational institutions, institutions of research, higher learning, primary schools, special education, secondary schools, special education institutions and promotion of sports and sports education. The functions of the County Government in relation to education are: pre-primary education, village polytechnics, home-craft centres, farmers training centres and childcare facilities
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